[Wikimedia-l] Copyright on Xrays

Michael Peel michael.peel at wikimedia.org.uk
Mon Aug 20 21:01:20 UTC 2012

OK, so the moderation of this mailing list appears to be broken (surely such emails should at least be held for approval by a moderator?). But please see my previous email (which I sent after hitting the 'reply' button)…


On 20 Aug 2012, at 21:19, wikimedia-l-owner at lists.wikimedia.org wrote:

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> From: Michael Peel <email at mikepeel.net>
> Subject: Re: [Wikimedia-l] Copyright on Xrays
> Date: 20 August 2012 21:36:07 BST
> To: Wikimedia Mailing List <wikimedia-l at lists.wikimedia.org>
> Cc: Kat Walsh <kat at wikimedia.org>, Jeffery Nichols <jnichols at wikimedia.ca>
> This sounds like a question to ask on Wikimedia Commons, rather than on this mailing list - particularly since the Commons community is the one that needs to monitor and maintain such a legal position! Also asking the question at the talk page of http://meta.wikimedia.org/wiki/Legal_and_Community_Advocacy might be a good idea.
> Thanks,
> Mike
> On 20 Aug 2012, at 12:08, James Heilman <jmh649 at gmail.com> wrote:
>> A question about copyright, who owns the copyright on Xrays and are they
>> even copyrightable? I have uploaded a few of them and no one seems to know
>> the answer. I guess the options would be:
>> 1) They are in the public domain
>> https://open.umich.edu/wiki/Casebook#Radiograph_.28X-Ray.29 and
>> http://en.wikipedia.org/wiki/Copyright_law_of_the_United_Kingdom#Works_eligible_for_protection
>> 2) The X ray tech who took the image
>> 3) The person / institution who paid to have the image taken
>> a) The HMO or patient if in the USA
>> b) The government if in many parts of the world
>> 4) The doctor who ordered the image
>> 5) The doctor who read the image
>> 6) The hospital / shareholders of the hospital who owns the equipment
>> 7) All of the above / some of the above / none of the above
>> Would be good to have a legal position on this.
>> -- 
>> James Heilman
>> MD, CCFP-EM, Wikipedian
>> The Wikipedia Open Textbook of Medicine
>> www.opentextbookofmedicine.com
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